August 2010

Anticompetitive practices

The US Court of Appeals for the Federal Circuit clarifies requirements for the patent misuses (Princo)
Stanford University - Stanford Law School
U.S. Federal Circuit (en banc) finds no patent misuse in Princo* On 30 August 2010 the U.S. Court of Appeals for the Federal Circuit (en banc, 8-2) found – in contrast to an earlier ruling by a panel of the Court – that an alleged agreement between Philips Corp. and Sony Corp. to suppress a (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the bus transport industry (Danske Busvognmænd)
Bech-Bruun (Copenhagen)
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Danske Busvognmaend (Danish Bus Operators) in a case regarding anticompetitive practices. Only the question of the amount of the fine was at issue before the Danish Supreme (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the Christmas tree industry (Prosecutor / Dansk Juletræsdyrkerforening)
Bech-Bruun (Copenhagen)
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Dansk Juletraesdyrkerforening (Danish Christmas tree Growers Association) in a case regarding anticompetitive practices (price recommendations). Only the question of the amount (...)

The Belgian Competition Council condemns a real estate agents’ association for infringing the Belgian and European competition rules by adopting and publishing recommended minimum fees (Professional Institute of Real Estate Agents)
European Commission (Brussels)
Belgium: Minimum tariffs for Real Estate Transactions prohibited On 26 August 2010, the Competition Council decided that the Professional Institute of Real Estate Agents had infringed the Belgian and European competition rules (Article 101 TFEU) by adopting and publishing recommended minimum (...)

The Belgian Competition Council issues an infringement decision for the imposition of minimum prices by the Belgian professional association of real estate agents and orders the publication of its decision (Beroepsinstituut van Vastgoedmakelaars)
Philippe & Partners (Brussels)
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Actéo (Liege)
I. The parties The Beroepsinstituut van Vastgoedmakelaars (hereinafter: “BIV”) is the Belgian professional association for real estate agents. BIV is responsible to regulate multiple aspects of the profession (such as fees) and to maintain standards and discipline in the profession. BIV (...)

The Latvian Competition authority fines members of the association of auditors for price fixing cartel (Latvian Association of Certified Auditors)
Vilgerts (Riga)
I. Summary of the case This case is of interest, since this is the only second time in the history of Latvian competition law that the members of the so-called “liberal” profession are fined for the breach of Latvian Competition Law. In 2007 the Competition Council found the members of the (...)

The UK Court of Appeal grants permission to appeal and proceed to a full trial on defence against trademark infringement allegations (Oracle / M-Tech)
Ashurst (Milan)
English Court of Appeal allows M-Tech’s appeal against Oracle* On 28 August 2010, the English Court of Appeal issued a judgment setting aside an order for summary judgment by the High Court of Justice, thus granting M-Tech permission to appeal and proceed to a full trial to defend itself (...)

A US Court of Appeals finds that in order to allege a viable vertical restraint claim a plaintiff must plausibly allege the defendant’s market power (PSKS / Leegin Creative Leather Products)
Sheppard Mullin (Los Angeles)
Fifth Circuit Dismisses Leegin Resale Price Maintenance Case Anew, Following Supreme Court Remand* In 2007, the United States Supreme Court, updating the application of the cumulative advances in antitrust economics as applied to vertical restraint cases, overruled the venerable Dr. Miles Med. (...)

The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange do not have any effect on their conduct on the market (KPN, Orange, Telfort, T-Mobile, Vodafone Libertel)
European Commission - DG HR (Brussels)
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European Court of Justice (Luxembourg)
The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

The German Competition Authority imposes € 91 M fine on steam boiler cartel (Alstom Power, Babcock, Steinmüller and Lentjes)
Van Bael & Bellis (Brussels)
According to a press release of 12 August 2010, the German Federal Cartel Office (”FCO”) has imposed a fine of € 91 million on Alstom Power Systems GmbHand two of its former managers for fixing prices and quotas and allocating customers for steam boilers. According to the FCO, from the 1990s (...)

The Finnish Competition Authority issues a study on EU Competition rules concerning technology agreements
European Commission (Brussels)
Finland: Study on EU Competition Rules concerning Technology Agreements* On 12 August 2010, the Ministry of Employment and the Economy published a report on competition rules applicable to technology agreements prepared by the Finnish Competition Authority. This report examines how EU (...)

The Bulgarian Supreme Administrative Court dismisses liability for participation in a cartel when the undertaking is not active in the market concerned (Vegetable Oil Manufacturers and Suppliers)
Kinstellar (Sofia)
The Bulgarian Supreme Administrative Court (the “SAC”) dismissed liability for participation in a hard-core agreement with respect to parties that were not active in the market concerned by it. The grounds of judgment do not reveal a particular rationale behind it. However, the ruling invites (...)

The Spanish Competition Authority fines road transport forwarding agents cartel (Blue Water Shipping España / DHL Express Barcelona Spain / Deutsche Post...)
Van Bael & Bellis (Brussels)
According to a press release of 5 August 2010, the Spanish Competition Authority has fined seven undertakings active as road transport forwarding agents for entering into a price-fixing cartel concerning cross-border road transport. The undertakings involved were Blue Water Shipping España, DHL (...)

The Attorney General of Connecticut investigates potentially anticompetitive agreements between e-book publishers and sellers (Apple / Amazon)
Stanford University - Stanford Law School
Attorney General of Connecticut investigating agreements on e-books* On 2 August 2010 the Attorney General of Connecticut announced an investigation into agreements between e-book publishers and sellers that may encourage coordinated pricing and prevent discounting of e-books. In particular, (...)

A U.S. District Court allows challenge to alleged conspiracy formed through public statements (AirTran, Delta)
Jones Day (Washington DC)
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Jones Day (Houston)
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Jones Day (Washington DC)
A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)

Unilateral Practices

The U.S. Court of Appeals for the Federal Circuit limits patent misuse doctrine and distinguishes it from antitrust violation (Princo)
Jones Day (Washington DC)
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Kirkland & Ellis (Chicago)
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Jones Day (Cleveland)
The U.S. Court of Appeals for the Federal Circuit issued an en banc decision with significant implications for the doctrine of patent misuse. The decision issued last week overturns part of a Federal Circuit panel decision last year holding that Philips may have committed patent misuse by (...)

The Hellenic Competition Commission rejects complaint and reports that allege refusal to supply constitutes abuse of dominance (Ioannis Georganas / Odeon, Prooptiki, Village Roadshow, United International Pictures)
TM Law Offices
The case concerned a complaint lodged before the Hellenic Competition Commission (hereinafter HCC) by Ioannis Georganas (hereinafter the complainant), regarding allegations that Odeon SA and Prooptiki SA had violated Articles 1, 2 and 2a of Law 703/1977 (the domestic equivalents of Articles 101 (...)

The Swedish Competition Authority orders electrical company, subject to a fine, to connect the street and road lightning network installed by the municipality, to the company’s electricity mains (Ekfors)
Vinge (Stockholm)
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Cosmetics Europe (Brussels)
Introduction In the hope of putting an end to a lengthy dispute whereby the inhabitants of the municipality of Haparanda in the north of Sweden had been regularly deprived of street light during the winter seasons, the Swedish competition authority ordered Ekfors Kraft, subject to a fine, to (...)

The Polish Competition Authority accepts commitments from the authors’ association concerning copyrights management agreements under Polish and EU competition law (ZAiKS)
WilmerHale (Brussels)
Market structure and dominant position ZAiKS is the largest association of authors and composers in Poland and the sole active on the market for collective management of copyrights for vocal and musical works. This market was considered by the Polish Office of Competition and Consumer (...)

The Polish Competition Authority issues first commitment decision on the basis of EU Law (ZAiKS)
European Commission (Brussels)
Poland: UOKiK issues first Commitment Decision on the Basis of EU Law On 24 August 2010, the President of the Polish Office of Competition and Consumer Protection (UOKiK) issued the UOKiK‘s first commitment decision on the basis of both national and EU law in a case concerning an abuse of (...)

The Dutch Trade and Industry Appeals Tribunal overturns a decision by the NCA not to investigate an excessive pricing complaint (KLM / SLM)
Liberty Global (Amsterdam)
The complaint The appeal relates to a complaint submitted by a society of travellers (Vereniging van Reizigers -“VVR”) to the Netherlands Competition Authority (“NMa”) on 16 April 2003. The complaint alleges that the airlines KLM and SLM are abusing their dominant position on the route Amsterdam - (...)

The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance by KLM/SLM (KLM / SLM)
Netherlands Authority for Consumers & Markets (The Hague)
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SEO Economic Research (Amsterdam)
Facts In 2003 the Vereniging van Reizigers (an association of travellers, hereafter VVR) filed a complaint at the Netherlands Competition Authority, the NMa about abuse of a dominant position by airlines KLM and Surinam Airways (hereafter SLM) on the route Amsterdam - Paramaribo. The NMa (...)

The US Court of Appeals for the 8th Circuit follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)
University of Pennsylvania (Philadelphia)
Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in (...)

The US 1st District California Court of Appeal upholds a jury verdict finding that a claim of unfair competition based on below-cost sales of advertising did not require proof of the defendant’s ability to recoup losses by subsequent monopoly pricing (Bay Guardian Company / New Times Media)
Sheppard Mullin (Los Angeles)
A Step Back to Square One? California Court of Appeal Elevates UPA Protection of Competitors Over Protection of Competition in Newspaper Ad Dispute* On August 11, 2010, the California Court of Appeal for the First District upheld a jury verdict in favor of plaintiff Bay Guardian Company (...)

The Slovak competition office gives an unprecedented definition of relevant product market for trade mark licensing (Envi-Pak)
University of Oxford
Background On 28 August 2009, the Slovak Antimonopoly Office (“AMO“) adopted a decision against, and delivered to ENVI-PAK, a.s. (“ENVI-PAK”), a company engaged in the waste package materials processing business. ENVI-PAK is the registered holder of the “Der Grüne Punkt” trade mark in Slovakia, (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The U.S. FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The Japan Fair Trade Commission issues draft guidelines on the prohibition of abuse of a superior bargaining position under the Anti-Monopoly Law (AML)
Winston & Strawn (New York)
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Jones Day (Tokyo)
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Jones Day (Tokyo)
The Japan Fair Trade Commission (JFTC) has issued draft guidelines on enforcement of the prohibition on abuse of a superior bargaining position, which long has been a violation of Japan’s « Anti-Monopoly Law » (AML) and has been enforced mostly through the Japanese administrative guidance system. (...)

Mergers

The US District Court for the District of Minnesota dismisses FTC complaint seeking divestiture and disgorgement remedy in consummated acquisition in the healthcare industry (Lundbeck)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated (...)

The U.S. District Court of Minnesota rules against the FTC by holding that it has failed to prove the relevant market requirement in a pharmaceutical merger case (Lundbeck)
Wolters Kluwer (Riverwoods)
FTC Loses Suit against Drug Maker over 2006 Acquisition* The Federal Trade Commission recently suffered a significant setback in its merger enforcement efforts when the federal district court in Minneapolis rejected an action brought by the agency along with the State of Minnesota against (...)

The China’s State Council promulagates opinions on the promotion of mergers and restructuring of enterprises
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
China’s State Council promulgated the Opinions on the Promotion of Mergers and Restructuring of Enterprises (Opinions) on 28 August 2010 and published the Opinions on the Central Government website on 7 September. The Opinions state that certain industries and sectors in China have serious (...)

The US Department of Justice approves a merger between two airlines, subject to an undertaking to lease routes to a competitor (United / Continental)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ cleared the merger between United and Continental Airlines, pursuant to their agreement to lease routes for 18 round-trip flights to and from Newark Liberty International Airport to Southwest Airlines. As a surprise to many, the DOJ’s analysis determined that the flight routes and (...)

The French competition authority clears a concentration in the aggregates sector subject to remedies (Eurovia/Tarmac)
Herbert Smith Freehills (Paris)
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French Competition Authority (Paris)
In its decision dated 20 August 2010, the French competition authority (the “FCA”) cleared the acquisition by Eurovia of sole control over six subsidiaries of the Tarmac group ("Tarmac") (the “concentration”), subject to remedies. Although the proposed concentration had a Community dimension, the (...)

The U.S. DoJ and FTC issue new horizontal merger guidelines increasing antitrust attention on mergers limiting innovation
University of Pennsylvania (Philadelphia)
The 2010 Horizontal Merger Guidelines and Restraints on Innovation* The 2010 Horizontal Merger Guidelines give increased treatment to a topic that was not well developed in previous Guidelines – namely, mergers that threaten to restrain innovation. The 1968 Guidelines had contained a statement (...)

The US DoJ and FTC revise horizontal merger guidelines which outline how the agencies evaluate the likely competitive impact of mergers and their compliance with US law
Stanford University - Stanford Law School
U.S. Department of Justice and Federal Trade Commission issue revised Horizontal Merger Guidelines* On 19 August 2010 the U.S. Department of Justice and Federal Trade Commission (“agencies”) issued revised Horizontal Merger Guidelines which outline how the agencies evaluate the likely (...)

The US DoJ and FTC issue new merger guidelines suggesting increased focus on deals in high tech and pharmaceutical sectors
Gibson Dunn (New York)
New U.S. Merger Guidelines Suggest Increased Focus on Deals in High Tech and Pharmaceutical Sectors* In August 2010, the U.S. antitrust agencies released the final version of their revised Horizontal Merger Guidelines, which they use to analyze the competitive implications of mergers between (...)

The US merger guidelines introduce Gross Upward Pricing Pressure Index -GUPPI- to score merger’s potential unilateral effects
Skadden, Arps, Slate, Meagher & Flom (Brussels)
A GUPPI Revolution in the EU?* The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index. According to the U.S. Guidelines, “[a]dverse unilateral price effects can arise when the merger gives the merged entity (...)

The Chinese MOFCOM clears with conditions the acquisition of a global supplier in the pharmaceutical sector (Novartis / Alcon)
AnJie Law (Beijing)
Conditional approval for Novartis’s acquisition of Alcon* Introduction The Ministry of Commerce’s Anti-monopoly Bureau approved Novartis’s acquisition of Alcon on August 13 2010, subject to conditions.(1) The ministry accepted the filing in respect of the acquisition on April 20 2010 and (...)

The Chinese MOFCOM imposes conditions on a merger in the pharmaceutical industry (Novartis / Alcon)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
After a four-month review, on 13 August 2010, China’s Ministry of Commerce (“MOFCOM”) authorized Novartis‘ acquisition of Alcon subject to conditions. Taking different approaches than one would see in the U.S. or European Union, MOFCOM’s decision is notable for the demanding view it takes of (...)

The Chinese MOFCOM conditionally clears a merger in the pharmaceutical industry (Novartis / Alcon)
Linklaters (Beijing)
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Euclid Law (London)
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Linklaters (Brussels)
On 13 August 2010, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a conditional approval for the proposed acquisition of Alcon (“Alcon”) by Novartis AG (“Novartis”). The decision was issued after a merger review of just under four months (one month for Phase One review (...)

The Chinese MOFCOM conditionally clears a merger in the market of eye-care antibiotic products and of contact lens care products (Novartis / Alcon)
University Paris II Panthéon‑Assas
I. Key Facts of the Case Novartis International AG, in Hünenberg, Switzerland, the world’s sixth largest pharmaceutical company, has a center in Shanghai established in 2006, besides two other R&D centers worldwide, in Switzerland and the Unites States. Alcon, as the world’s second largest (...)

The Chinese MOFCOM reviews the two years of implementing the merger control regime under the anti-monopoly law 2007
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The Anti-Monopoly Bureau (AMB) of MOFCOM held a press conference on 12 August 2010 to review the first two years of implementing the AML merger control regime. Director General Mr Shang Ming introduced the enforcement and legislative work of the AMB and answered journalists’ questions. (...)

The European Commission refers parts of a proposed acquisition concerning public passengers transports to the French and Dutch competition authorities, at their request (CDC/Veolia Environment/Transdev/Veolia Transport)
JG Associates (Brussels)
"Mergers: main developments between 1 May and 31 August 2010"* On 12 August the Commission referred the part of the proposed acquisition that relates to the activities of Veolia Transport and Transdev in France and the Netherlands respectively to the French and Dutch competition authorities, (...)

The European Commission approves the acquisition of UK rail and bus operator by German incumbent rail and bus operator (Deutsche Bahn/Arriva)
JG Associates (Brussels)
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved the proposed acquisition of rail and bus operator Arriva plc of the UK by Deutsche Bahn on 11 August. The decision is conditional upon Deutsche Bahn‘s commitment to divest Arriva Deutschland, which includes (...)

The UK OFT decision in car club merger highlights complexities of UK’s "voluntary" merger review regime (Zipcar, Streetcar)
Cadwalader Wickersham & Taft (Brussels)
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London School of Economics
On 10 August 2010, the UK Office of Fair Trading (OFT) referred Zipcar‘s already-completed acquisition of Zipcar to the UK Competition Commission (CC) for an in-depth investigation. Zipcar and Zipcar now must suspend further integration of their businesses, pending the outcome of the CC’s (...)

The Düsseldorf Court of Appeals annuls the decision by the German Federal Cartel Office which prohibited a petrol distributor acquiring 59 petrol stations (Total / OMV)
Fried Frank Harris Shriver & Jacobson (London)
I. Introduction On August 4, 2010, the Düsseldorf Court of Appeals (the Court) annulled the decision by the German Federal Cartel Office (FCO) which prohibited Total Deutschland GmbH (Total) acquiring 59 petrol stations from OMV Deutschland GmbH (OMV). This judgment is a setback for the FCO, (...)

Relevant Market – Commitments  : The European Commission refines its market definition for finished dose pharmaceuticals and clears an acquisition in this sector subject to commitments (Teva/Ratiopharm)
Van Bael & Bellis (Brussels)
Eur. comm., dec. art. 6(2) Reg. 139/2004, 3 August 2010, Teva/Ratiopharm, case COMP/M.5865 On 3 August 2010, the European Commission cleared, subject to conditions and obligations, the acquisition by Teva Pharmaceutical Industries Limited (« Teva ») of Merckle GmbH, CT Arzneimittel GmbH and (...)

The EU Commission conditionally clears a merger between a German generic pharmaceutical company and an Israeli pharmaceutical company (Teva / Ratiopharm)
JG Associates (Brussels)
"Mergers: main developments between 1 May and 31 August 2010"* On 3 August the Commission approved the proposed acquisition of the German generic pharmaceutical company Ratiopharm by Teva, Israel. The decision is conditional upon the divestment of 15 products in the Netherlands and one in (...)

State Aid

The European Commission approves State aid scheme concerning the roll out of a public open network in the Spanish region of Catalonia (Xarxa Oberta)
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission has approved the rollout of a public open network (Xarxa Oberta) in the Spanish region of Catalonia. The network will serve the connectivity needs of the regional administrative centres in the region and will be (...)

The European Commission closes formal investigation procedure on state aid granted by Poland to company specialized in civil and military aviation hydraulics (PZL Hydral)
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission has closed on 4 August 2010 the formal investigation procedure on state aid to PZL Hydral, a company which was specialised in civil and military aviation hydraulics. The Commission had concerns that the original (...)

Procedures

A US trial Court holds a more rigorous approach to class certification (Plastic Additives Antitrust Litigation)
White & Case (Washington)
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US Federal Trade Commission (FTC) (Washington)
An August 31, 2010 trial court decision in Plastic Additives Antitrust Litigation is likely to be widely cited by defense counsel in class action cases provides an important example of the scrutiny needed in evaluating dueling testimony by experts. The decision is an early case to apply the (...)

The Serbian Competition Authority issues leniency guidelines
Faculty of Law - University of Macau
On 30 August 2010 the Serbian Competition Authority (KZK) released the long-awaited Leniency Guidelines that regulate the procedure of application for and granting of immunity from fines or reduction of fines for participation in an anticompetitive agreement in violation of the national (...)

The US District Court of the Eastern District of New York admits the confidentiality of document emanating from the EU Commission’s investigation (Visa / MasterCard)
European Commission (Brussels)
European Commission: Recent Developments on Discovery following Amicus Curiae On 27 August 2010, the US District Court of the Eastern District of New York, Judge John Gleeson, on appeal issued an order whereby access by the plaintiffs to a Statement of Objections and to a transcript of an Oral (...)

The Czech Constitutional Court rules that inspection at business premises of a company does not require a prior judicial authorization (Delta Pekarny)
Havel, Holasek & Partners (Prague)
Introduction On 26 August 2010 the Czech Constitutional Court rendered a judgment whereby it rejected as manifestly ill-founded a constitutional appeal of business company Delta Pekarny (one of the largest companies on the bakery market in the Czech Republic) against the judgment of the (...)

The Dutch Competition Authority adopts a new procedure in relation to the inspection and copying of analog and digital data and documents
European Commission (Brussels)
The Netherlands: Competition Authority (NMa) adopts a new Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents On 17 August 2010, a revised version of the NMa Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents (...)

The Dutch Competition Authority adopts new guidelines on dawn raids
Van Bael & Bellis (Brussels)
On 16 August 2010, the Dutch Competition Authority (the “NMa”) published new guidelines on dawn raids. These guidelines were adopted after a consultation round among stakeholders held at the beginning of 2010. These guidelines amend and replace the NMa‘s former guidelines on dawn raids of December (...)

The Romanian Government adopts substantial reform of the Romanian competition law
Van Bael & Bellis (Brussels)
On 5 August 2010, the Government Emergency Ordinance 459/2010 (hereinafter, the “GEO”) amending the Romanian Competition Law 21/1996 (hereinafter, the “Romanian Competition Law”) entered into force. The substantial amendments made to the Romanian Competition Law follow legal developments in the (...)

A Czech Regional Court orders Competition Office to issue decision in short time limit (Sokolovská uhelná)
European Commission (Brussels)
Czech Republic: Regional Court orders Competition Office to issue Decision in short Time Limit On 4 August 2010, the Regional Court in Brno decided that the Office for the Protection of Competition («the Office«) was to issue its final decision (second instance decision) in the pending case (...)

The European Ombudsman clears Commission’s refusal to grant access to preliminary assessment in a commitment case (E.ON)
Van Bael & Bellis (Brussels)
On 7 May 2008, the Commission adopted a preliminary assessment within the meaning of Article 9 of Regulation 1/2003 concerning alleged abusive practices by E.ON and its subsidiaries on the German electricity wholesale and balancing markets. On 27 May 2008, E.ON submitted commitments with a view (...)

The Serbian Competition Authority issues its fining guidelines
Faculty of Law - University of Macau
The Law on Protection of Competition is applied by the Serbian Competition Authority (KZK) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the KZK‘s (...)

The Moldovan Competition Authority releases its 2009 annual report
Faculty of Law - University of Macau
In August 2010 the Moldovan Competition Authority (ANPC) released its 2009 Annual Report, where it summarized its enforcement activities carried out in 2009 and outlined priorities for 2010. In 2009 the ANPC initiated 51 investigations and issued 89 decisions and 34 prescriptions. Within the (...)

Regulatory

The Polish Competition Authority issues a report on the development of competition and consumer protection on the railway transport markets
European Commission (Brussels)
Poland: Report on the Directions of Development of Competition and Consumer Protection on Railway Transport Markets in Poland* On 30 August 2010, the Polish Office of Competition and Consumer Protection (UOKiK) released a Report on the Directions of Development of Competition and Consumer (...)

The US Department of Justice and Federal Trade Commission release new Horizontal Merger Guidelines which include what amounts to a "gross upward pricing pressure index" (GUPPI)
Georgetown University
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CRA International (Washington)
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CRA International (Washington)
Scoring Unilateral Effects with the GUPPI: The Approach of the New Horizontal Merger Guidelines* The US Department of Justice and the Federal Trade Commission released the 2010 Horizontal Merger Guidelines on August 19, 2010. This note explains the approach set out in the 2010 Merger (...)

The Austrian Competition Authority adopts a report on oil price assessments (Platts)
European Commission (Brussels)
Austria: Report on Platts Price Assessments On 6 August 2010, the Austrian Federal Competition Authority (FCA) has adopted a report based on an extensive analysis of the Platts notations. Platts is part of McGraw-Hill’s Information and Media Services group. Apart from a broad range of other (...)

The Portuguese Competition Authority publishes its 4th report on electronic communications
European Commission (Brussels)
Portugal: Competition Authority publishes 4th Report on Electronic Communications On 4 August 2010, the Portuguese Competition Authority (PCA) published its 4th Report on Electronic Communications, which includes the main findings of an in-depth analysis into the markets of fixed and mobile (...)

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